If our justice system was prompt we would have been a better country, better society. I am studying law and can't stop wondering that majority of the provisions illustrate how an accused should not be treated unfairly. THe only respite to victims are a meagre punishment awarding clauses.
I pray and hope it will soon change at least through judicial activism as mentioned my Mukesh if not through parliaments where ------- keep glabbering, example, Mahanoobhav Shri. Shri. Laalu Prasad Yadav. rgds On 12/14/12, mukesh jain <mukesh.jai...@gmail.com> wrote: > hello, > reading such a hatred crime, my observations are given below. you may > find bit lengthy but these are my opinion which contains some > suggested amendemnts for such crime, views taken by judiciaries in > tsuch crime where handicapped victim are involved. > > It is very shameful attempt commited to demonstrating the evil level > on the part of accused for which I believe no part of the punishment > can compensat the damage caused to the life of the victim. Rape is a > heinous crime where the woman is powerless. Besides the act itself, it > has a profound effect on the very psyche of the victim. She is > violated in the truest sense and is totally traumatized. Her whole > life is coloured by this terrible affront to her dignity of life. > Thus, it is absolutely imperative that the legal system takes a > stringent view and punishes the perpetrators of such a crime so that > it is a deterrent to further acts of rape. > > As such evil exist in our siciety even amongst the sighted community, > but lets look at the such cases delkt by the judiciary especially > with handicapped community. > > As a result of its deep concern over the repeated rape of a mentally > retarded woman, the Supreme Court had asked the Parliament to amend > the Indian Penal Code so that a higher sentence will be awarded to > perpetrators of rape of mentally-handicapped women. > This ruling was made by a bench, comprising Justice Doraiswamy Raju > and Justice Arjit Pasayat, in the course of dismissing an appeal by > Tulsidas Kanolkar, who was sentenced to 10 years imprisonment, as he > had repeatedly raped a mentally retarded woman. > > The IPC provides that a higher sentence should be awarded to those > whose rape victims are below 12 years of age. Consequently, the bench > stated, "What happens in a case when the mental age of the victim is > not even 12 years of age? Such a woman is definitely in a more > vulnerable situation." > > The bench added that the gravity of the offence in such a case is far > greater than the categories detailed in sub-section (2) of Section 376 > of IPC. > > The numbers of rape cases being reported are on an alarming rise which > has not only surprised the authorities but forced the highest court of > our country to rethink about the current legalities involved in > dealing with the offence. The consequences of this very harsh offence > are mostly faced by women and children from the weak and backward > areas. > > The court has also criticized the state High Court in a case where a > man who had been involved in the rape of a minor girl in Rajasthan 12 > years ago and was initially termed 7 years imprisonment but later on > the period was reduced, supported by the fact that the man had > attempted the offence and not committed it. Rejecting the High Court's > ruling, a bench in the apex court comprising of Justice Y. K. > Sabharwal and Justice H. K. Hema pointed to S. 375 of the Indian Penal > Code which highlights the fact that 'penetration is sufficient to make > up for the sexual intercourse; which includes partial and incomplete > penetration as well is enough for a person to be convicted under the > crime.' The Bench has asked the police to arrest the accused and to > sentence him to imprisonment for the crime which he had committed in > 1990. Former Justice A.S.Anand has described the various verdicts in > rape cases given out by courts throughout the country as a 'shame on > the civil society'. It has also been found that Deputy PM L.K.Advani > had suggested that criminals involved in such an offence should be > given death sentence. > > The Supreme Court referred to an earlier ruling which had discussed > about the effects of rape on the victims and asked the courts to make > their approach towards these cases more serious and sensitive compared > to what they adopt in dealing with the other offences. > > Recently, the two rapists in the Maulana Azad Medical College rape in > Delhi were awarded life terms for their crime. This judgement was > hailed as being rather rare as such a severe punishment is not the > norm for a convicted rapist- no matter how terrible his actions. > However, in this case, the court believed that the ''gravity and > circumstance'' of the case warranted such a severe sentence. To > further reiterate this point of view, the court, while also levying a > fine of Rs. 18, 000 each, stated that no pleas for leniency would be > countenanced. The rationale behind such a stern treatment of these > rapists was clarified thus, " The convicts do not deserve any mercy > and have to be given exemplary punishment so that it acts as a > deterrent to others." > > Besides this case, of course, is the much-reported Dhananjay rape > case. Dhananjay was the accused in a case of rape and murder of a > minor schoolgirl in Kolkata and received the death sentence for his > crime. There is a definite trend now to punish the perpetrator of such > a heinous crime as rape more severely. This is something that was > sorely needed, given the nature of the crime. > > To better comprehend the immense need for such rulings, we must > consider the legal framework and the inherent lacunae in the system. > > According to the Indian Penal Code, a man is said to have committed > `rape'' when he has had sexual intercourse with a woman under the > following conditions: > > Against her will; > With her consent when her consent has been obtained by putting her or > any person in whom she is interested in, in fear of death or hurt; > With her consent, when the man knows that he is not her husband and > that her consent is given because she believes that he is another man > to whom she is or believes herself to be lawfully married; > With her consent, when at the time of giving such a consent, by reason > of unsoundness of mind or intoxication on the administration by him > personally or through another of any stupefying or unwholesome > substance, she is unable to understand the nature of the consequences > of that of which she gives consent; > With or without her consent, when she is under 16 years of age. > Where rape is proved, the minimum punishment is ten years for > custodial rape, gang rape, rape of pregnant women and minor girls > under the age of 12 and seven years in other cases. > > Women's activists have been up in arms that the judicial system still > places the onus on the victim when it obtaining a conviction of the > rapist. A case in point is the rape of 16-year-old Mathura of > Maharashtra in 1972. In fact, Mathura was accused of being a "liar" > and the judgement stated that she was "habituated to sexual > intercourse." Consequently, rape could not be proved. > > Thus, it can be seen that it is rather common in rape cases, for the > character of the victim to be "scrutinised" and, in most instances, > found to be suspect! The general bias of the legal system can be > further gauged by the deplorable judgement of the High Court, in > Mohammed Habib vs. State, where a rapist of a seven-year-old girl was > allowed to go free, merely because there was no injury to his penis- > the assumption being that there was no evidence of any resistance. > > Even caste considerations are weighed in judgements in rape cases. As > can be seen in the Bhanwari Devi judgement. Here, the judge was of the > opinion that the victim could not have been raped since she was a > dalit and the rapist was from an upper caste. Thus, he would not deign > to have sexual relations with a dalit! > > However, the fact remains that there has been a commendable fallout of > such cases, and most notably, the Mathura case. The Criminal Law > Amendment Act 1983 amended Section 376 of the Indian Penal Code so > that the prescribed penalty for rape was not less than 7 years. It > also provided for trial in camera. A clause was included, which made > the disclosure of the victim''s identity a punishable offence. Thus, > there was a clear attempt to be more understanding and sensitive to > the plight of a rape victim. > > It is interesting to note that it is only if the victim is a minor > that the onus is on the accused to prove his innocence. Otherwise, if > the victim is a major, it is up to her to prove her charge. Another > fact that goes against the rape victim is that unless the woman is > examined medically within 24 hours, it becomes difficult forensically > to prove that rape has occurred. And, often, the victim is reluctant > to come forward with her ''shame'' and it is only with the > intervention of her family or support system that she finally comes > forward-an then, it is well past the 24 hour period! Then, there is > the highly discriminatory Section 155 (4) of the Indian Evidence Act > which states, "When a man is prosecuted for rape or an attempt to > ravish, it may be shown that the prosecutrix (victim) was of generally > immoral character.... in criminal proceedings (including rape) the > fact that the accused person has a bad character is irrelevant, unless > evidence has been given (by him) that he has a good character, in > which case it becomes relevant." > > However, a lot more has to be done to ensure that the bias against the > rape victim in the judicial process is greatly reduced, or ideally, > done away with. > > There is a need for some kind of overhaul of the judicial system and > its treatment of rape victims. The National Commission for Women has > identified nine areas for review as follows: > > Review of the definition of rape > Reduction of procedural delays > Uniformity in age of consent under sections 375 and 376 of Indian > Penal Code, 1860, to bring it in conformity with the Child Marriage > Restraint Act, 1869 > Whether exception to section 375 should be deleted > Whether section 155 clause 4 of the Indian Evidence Act 1872 needs to > be amended or deleted. > Whether statutory provisions are needed for compensation to the rape victim > Whether provisions for legal aid should be made mandatory under laws. > Death penalty to persons convicted for rape > Recommendation for enhancement of punishment in cases where the > accused, with the knowledge of suffering from HIV infection/AIDS, > infects the victim as a result of rape. > It is necessary that trials must be held without delay and that the > panchnama is recorded properly. Women must be made aware that it is > against the law to arrest them at night. Also, a policeman cannot > touch a woman when he is arresting her. The statements of women should > be recorded in the presence of a relative, friend or a social worker. > > Earlier, any discrepancy in the statement of the victim was supposed > to indicate that the victim was lying. In recent times, the Supreme > Court has said that minor, insignificant contradictions in the > statement of the prosecutrix should not be a ground for discarding an > otherwise reliable prosecution case. A FIR (First Information Report) > is an initiation to move the legal machinery and investigate a > cognisable offence. Therefore, no FIR should be quashed without an > inquiry. The court should also refrain from being a silent spectator > while the victim is being cross-examined by the defence lawyer. It > should ensure that the victim is not harassed or humiliated. > > > > On 12/14/12, akhilesh <akhil.akhi...@gmail.com> wrote: >> Hi Ekanath,\ >> >> You have raised a very valid point with regard to the time taken in >> jusstice delivery system. I’m finding it difficult not to comment on >> this issue. . >> >> As you know, these type of cases fall under the criminal offences, and >> government is responsible for aranging the lawyers for victims. >> needless to say, in most of the cases public prosecutors are highly >> incompetant or salable for a few bux. A person has the right to >> choose the lawyer of his or her own choice, but this exists in statute >> books only. >> >> Social or human rights lawyers often face such difficulty when working >> for justice to victims. In rarest of the rare cases special public >> prosecutors are appointed, for which, one has to really work hard!!! >> >> Other members working in legal field will of course, correct me or >> clarify if I’m missing something, or adding extra! >> >> On 12/14/12, Asudani, Rajesh <rajeshasud...@rbi.org.in> wrote: >>> Her testimony i.e. nonvisual recognition of the perpetrator should be >>> given >>> due weight along with other medical and circumstantial evidence. >>> >>> >>> -----Original Message----- >>> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On >>> Behalf >>> Of Shiv >>> Sent: Friday, December 14, 2012 8:33 AM >>> To: accessindia@accessindia.org.in >>> Subject: [AI] Neighbour rapes 12-year-old blind girl >>> >>> Neighbour rapes 12-year-old blind girl >>> The writer has posted comments on this articleBy Alka PanseAlka Panse, >>> TNN >>> | >>> Dec 14, 2012, 02.30 AM IST >>> >>> >>> NAGPUR: A 12-year-old visually impaired girl was allegedly raped by her >>> young neighbour at the Servants quarters in Vayusena Nagar under the >>> jurisdiction of Gittikhadan police station on Wednesday morning. >>> >>> Accused Ajay Telgote (20), a gardener in Vayusena Nagar, was arrested >>> within >>> some hours of the crime by the investigating officer, woman police >>> sub-inspector Deepmala Bhende. Police said the victim identified the >>> accused >>> by his voice. According to the police, Telgote had gone to watch >>> television >>> at the victim's house when he committed the heinous crime. >>> >>> "Though they were neighbours, the victim would rarely speak to Telgote. >>> Her >>> parents said she would only step out of the house to attend her school," >>> said Bhende. >>> >>> On Wednesday morning, the victim's mother was at home when Telgote came >>> to >>> watch television. The victim's parents work as labourers in Vayusena >>> Nagar. >>> >>> Police said that the victim's mother left home around noon for her work. >>> "Before leaving, she asked Telgote to go home since she wanted to lock >>> the >>> house, but he assured to lock the house after the serial ends," said >>> Bhende. >>> >>> Finding himself alone with the girl, Telgote sexually assaulted her. >>> Police >>> said the victim screamed and tried to fight him but Telgote beat and >>> gagged >>> her. Before fleeing from the house, he even threatened the victim that >>> he >>> would kill her if she told anybody about the incident. >>> >>> Police said that the victim's 8-year-old mentally challenged younger >>> brother >>> was asleep in the same room when the incident took place. The victim's >>> father has been out of town for the last two days. >>> >>> Police said the victim even suffered minor bruises while resisting him. >>> The >>> incident came to fore when the victim's mother returned home from work >>> in >>> the evening and found her daughter frightened. While asking her what >>> happened, the mother found blood stains on her dress understood the >>> matter. >>> >>> With the help of her neighbours, she reported the matter to senior >>> officials >>> at Vayusena Nagar, who approached Gittikhadan police. On confirming the >>> medical reports, a rape case was registered. >>> >>> The girl's statement was recorded after she was declared fit by doctors. >>> Later, a police team headed by Bhende was sent to Telgote's house to >>> arrest >>> him. >>> >>> >>> THE TIMES OF INDIA >>> >>> Source: >>> http://timesofindia.indiatimes.com/city/nagpur/Neighbour-rapes-12-year-old-blind-girl/articleshow/17605902.cms >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >>> Caution: The Reserve Bank of India never sends mails, smses or makes >>> calls >>> asking for personal information like your bank account details, >>> passwords, >>> etc. It never keeps or offers funds to anyone. Please do not respond in >>> any >>> manner to such offers, however official or attractive they may look. >>> >>> Notice: This email and any files transmitted with it are confidential >>> and >>> intended solely for the use of the individual or entity to whom they are >>> addressed. If you are not the intended recipient, any dissemination, >>> use, >>> review, distribution, printing or copying of the information contained >>> in >>> this e-mail message and/or attachments to it are strictly prohibited. If >>> you >>> have received this email by error, please notify us by return e-mail or >>> telephone and immediately and permanently delete the message and any >>> attachments. The recipient should check this email and any attachments >>> for >>> the presence of viruses. The Reserve Bank of India accepts no liability >>> for >>> any damage caused by any virus transmitted by this email. >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >> >> >> -- >> Akhilesh Dahiya, >> Advocate. >> Mobile: +91 9818798780 >> Email: akhil.akhi...@gmail.com >> New Delhi >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please >> visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> > > > -- > Regards, > Mukesh jain > Email: > mukesh.jai...@gmail.com > muk...@mukeshjain.org > mailing list run by me (info page): > http://mail.mukeshjain.org/mailman/listinfo > > website: > www.mukeshjain.org > Skype: mukeshjain211 > Mob: 09977165123 > "Face your deficiencies and acknowledge them; but do not let them > master you. Let them teach you patience, sweetness, insight. " > > Helen Keller > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > -- “The waves breaking on the surface draw all the attention, but it is the current beneath the water that determines your direction.” Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. 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